6.  The applicant was born in 1951 and lives in Yambol.
7.  Around 9 a.m. on 21 April 2004, while shopping in a small supermarket in the town of Yambol, the applicant was stopped by supermarket employees on suspicion of stealing a small bottle of vodka. The bottle cost 1.2 Bulgarian levs, the equivalent of approximately 61 euro cents. The supermarket employees took the applicant to an office at the back of the supermarket and left him with the manager, S.F. The owner of the store, P.D., was also informed and arrived at the supermarket before the police came.
8.  Meanwhile, someone called the police and notified them that a theft had been committed in the supermarket.
9.  According to the applicant, he was searched and his shopping basket was taken away from him. S.F. then accused him of theft, punched him in the face, knocked him down and began kicking his chest, while the applicant was yelling and pleading with him to stop. When S.F. stopped, the applicant managed to stand up and realised that a small amount of his money was missing. When he asked for the money back, as well as his glasses, which had fallen off during the beating, S.F. punched him again in the side of the head and knocked him down, after which P.D. also kicked him several times and told him that people like him caused damage to his business.
10.  Shortly thereafter, two police officers arrived and found the applicant squatting by the wall in the presence of S.F. and P.D. The latter left immediately after the police had arrived, apparently using the back door.
11.  According to the applicant’s statements, made during the ensuing investigation, he had told the police officers that he had been beaten up by two men and that he needed medical help. He also claimed that after the incident he could hardly walk and the police officers had helped him to the police car. During the investigation the police officers stated that upon their arrival they had been informed by the applicant about the beating. They contested the applicant’s assertions that he had requested medical help and maintained that he had not been injured and had been able to walk on his own.
12.  The policemen drove the applicant to the police station in order to establish the circumstances surrounding the theft. While waiting in the reception hall to meet the officer in charge of the case, the applicant apparently felt severe pain, so he left and asked a stranger to drive him home.
13.  Soon after that two police officers headed towards the applicant’s apartment. They found him sitting on a bench in front of the apartment building and accompanied him to the apartment. There the applicant signed a record in connection with the theft. During the ensuing investigation one of the police officers contended that while the officers had been at his apartment the applicant had lain in bed and had looked ill.
14.  After the police officers had left, the applicant felt very sick and his wife called an ambulance.
15.  On the same day the applicant was admitted to the emergency department of the Yambol Hospital, where it was established that he had five broken ribs, bilateral pneumothorax, subcutaneous emphysema of the upper part of the body and bruising to the head, chest and abdomen.
16.  Two days later, on 23 April 2004, the applicant was transferred to Stara Zagora Hospital, where he underwent several examinations. According to the medical reports he had ten broken ribs, subcutaneous emphysema, haematomas on the front, the back, and both sides of the chest, large hematomas in the lumbar area and bilateral hemopneumothorax. On 28 April 2004 he underwent an abdominal ultrasound scan which revealed two-sided pleurisy and traumatic functional changes in the kidneys.
17.  The applicant underwent several medical procedures, including, inter alia, thoracentesis for the removal of 200 ml of liquid from the pleural space.
18.  The applicant was discharged on 5 May 2004 and was granted forty‑five days’ sick leave.
19.  On 14 May 2004 the applicant underwent a chest and lung examination. In his report the doctor noted, in particular, old fractures of ten ribs and pulmonary fibrosis. At another check up, on 4 June 2004, the doctors reiterated those conclusions.
20.  In the afternoon of 21 April 2004 the authorities of Yambol Hospital informed the police about the admission of the applicant and his condition. A police officer was dispatched to the hospital but was unable to see the applicant because of the latter’s serious medical condition.
21.  On the next day, 22 April 2004, the same police officer visited the applicant in hospital. This time the applicant was able to communicate and informed the officer that he had been beaten up by two men at the supermarket who he could identify.
22.  On the same day a police investigation (дознание) was instituted against unknown perpetrators.
23.  On 23 April 2004 the applicant’s wife filed an official complaint with the Yambol District Police Administration, describing the events and requesting that an investigation be opened and the responsible individuals punished.
24.  Between 23 April and 18 May 2004 a police investigator questioned P.D., S.F. and two employees of the shop, the police officers who had been dispatched to the scene of the incident, the police officer who had visited the applicant in hospital and the applicant. The policemen who had been in the supermarket stated that the applicant had smelled of alcohol and had told them he had been beaten up, but that there had been no visible signs of violence on his body. They further stated that he had been able to walk unaided and had not requested medical help. S.F. claimed that while he had been calling the police, the applicant had tried to leave the room. S.F had put a hand against the applicant’s chest to stop him and the latter had bumped into the door. He denied having beaten the applicant up and maintained that the applicant had been drunk and had threatened him. P.D. claimed that when he had arrived at the supermarket the applicant and S.F. had indeed been in the back room but the applicant had been drunk and had not had any injuries. He denied having hit the applicant. He further added that he was not aware of what had happened between the applicant and S.F. while they had been by themselves in the room. The applicant provided a detailed account of the events, although he claimed to have vague memories of certain moments immediately after the incident due to the shock he had experienced.
25.  On 18 May the police investigator ordered a forensic medical report, which was submitted on 23 May 2004. It reiterated the information contained in the applicant’s hospital file. The expert concluded that the applicant’s injuries could have been inflicted in the manner described by the applicant, namely by punching and kicking, but not in the manner asserted by S.F.
26.  The investigator organised a line up on 25 May 2004 during which the applicant identified the supermarket manager, S.F., and the owner, P.D., as the individuals who had beaten him up.
27.  On 27 May 2004 the applicant was questioned before a judge of the Yambol District Court. He reiterated his account of the events and said that he would bring a civil claim against the alleged perpetrators during the judicial phase of the proceedings.
28.  On 2 June 2004 S.F. was questioned as a suspect (уличен). He decided to remain silent. On the same day the police investigator concluded the police investigation and transferred the file to the Yambol district prosecutor’s office with the opinion that S.F. should be brought to trial for causing the applicant an intermediate bodily harm. It appears that no charges were brought against P.D.
29.  On 8 June 2004 prosecutor R.L. at the Yambol district public prosecutor’s office terminated the proceedings against S.F., finding that there was not sufficient evidence that he and P.D. had beaten the applicant up. The prosecutor stated, in particular, that the account of the events asserted by the applicant had been contradictory. She made two points in this regard. First, the applicant had not informed the police officers that he had needed medical help. Secondly, despite his allegations that he had been punched in the head twice the witnesses had not reported any injuries and the doctors who had examined the applicant had not recorded any such injuries in their reports. She further added that in addition, the applicant had vague memories of the period immediately after the incident.
30.  On an unknown date the applicant appealed to the court. He maintained that he had informed the police officers that he had been beaten up and that it had been natural for his injuries to become visible later. He also contested the prosecutor’s version of events, which, in the applicant’s view, could have been interpreted as implying that the applicant had inflicted his injuries by himself.
31.  On 2 July 2004 the Yambol District Court quashed the prosecutor’s decree as ill-founded and remitted the case for further investigation. Judge D.S. held that there was substantial circumstantial evidence that the applicant had been beaten up by two men in the shop. As regards the conclusions of the prosecutor, the court noted that right after the incident the applicant had informed the police officers that he had been beaten up by two individuals and had later identified them and that the alleged punching in the head had been recorded in the medical documents which stated, inter alia, that the applicant had suffered from subcutaneous emphysema of the upper part of the body and contusion of the head. The court also specifically referred to the expert’s report, which found that the applicant’s injuries could have been inflicted in the manner described by the applicant, namely, by punching and kicking, but not in the manner asserted by S.F.
32.  Following the remittal, on 15 July 2004 the prosecutor instructed the investigator to question the police officers who had seen the applicant in the police department in order to elucidate whether the applicant had had visible injuries, had requested medical help, had needed assistance walking and whether he had consumed alcohol. On 16 and 19 July 2004 the police investigator questioned several officers. The witnesses stated, in particular, that the applicant had been able to move on his own and had not had any visible injuries.
33.  On 20 July 2004 the police investigator concluded the investigation and transferred the file to the prosecutor’s office with the opinion that S.F. should be brought to trial for inflicting intermediate bodily harm.
34.  On 22 July 2004 prosecutor R.L. once again terminated the criminal proceedings against S.F., finding with identical reasoning that despite the additional investigative measures taken there was no evidence that the alleged perpetrators had beaten the applicant up. She stated, in particular, that the applicant had not requested medical help and had had no visible injuries.
35.  The applicant appealed against that decree, maintaining that the prosecutor had failed to discuss crucial evidence. He further argued that the evidence collected supported accusations not only against S.F., but also against P.D.
36.  On 4 October 2004 the Yambol District Court quashed the decree of 22 July 2004 as ill-founded and remitted the case. Judge G.K. noted, in particular, that the applicant had complained to the police officers that he had been beaten up and had later identified the alleged offenders; furthermore, his statements regarding his injuries had been corroborated by the doctors’ opinions. In view of that the court concluded that there was sufficient evidence allowing the prosecutor to bring the accused to trial. Nevertheless, in order to supplement the evidential material, the court instructed the prosecution authorities to question the applicant’s wife and an employee at the shop, who had not been questioned earlier.
37.  Following the remittal, in accordance with the court’s instructions the police investigator questioned the said witnesses. On 15 October 2004 the police investigator concluded the investigation and transferred the file to the prosecutor with the opinion that S.F. should be brought to trial.
38.  On 3 November 2004 prosecutor R.L. once again terminated the criminal proceedings against S.F. with identical reasoning. She further concluded that the statements of the witnesses who had been additionally questioned could not alter her prior conclusions.
39.  The applicant appealed, reiterating his earlier arguments against the discontinuation. In a decision of 9 December 2004 the District Court quashed the decree of 3 November 2004 and remitted the case to the prosecution authorities for a third time. Judge N.N. noted that most of the inflicted injuries had been internal and therefore the witnesses could not have noticed them. The court found that the prosecutor’s conclusions did not correspond to the facts of the case, that she had failed to take into account the medical reports and that there had been sufficient evidence to bring the offenders to trial. It also instructed the prosecutor to question one of the police officers who had been at the scene of the incident.
40.  In the meantime the applicant filed a complaint with the Yambol regional public prosecutor’s office, stating that prosecutor R.L. was not impartial and should be replaced. By a decree of 27 December 2004 the regional prosecutor dismissed the complaint. He stated that the discontinuation of the investigation had been based on the prosecutor’s opinion, which had been formed on the basis of the additional investigation carried out in compliance with the court’s instructions, and that in the absence of other indications the mere fact that the prosecutor had discontinued the proceedings on several occasions did not cast doubt on her impartiality.
41.  On 17 January 2005 the police investigator questioned one of the police officers who had been in the supermarket and on 21 January 2005 concluded the investigation with the opinion that the accused should be brought to trial. On 25 February 2005 the same prosecutor terminated the criminal proceedings for the fourth time with identical reasoning. She stated that the applicant’s memory about events was extremely vague and that there was no information indicating what exactly had happened in the period between his leaving the police department and his arrival at his home.
42.  The applicant appealed. On 11 July 2005 the District Court quashed the decree of 25 February 2005 as unlawful and unsubstantiated and remitted the case. Judge A.A. held, inter alia, that the prosecutor’s conclusions suggested that after leaving the police department the applicant had somehow injured himself or had been attacked by unknown individuals. The court stated that, having regard to the time and location of the incident as suggested by the prosecutor, namely while the applicant was retuning home, it was very unlikely that it would have gone unnoticed.
43.  Meanwhile on an unspecified date S.F. made a request under Article 239a of the Code of Criminal Procedure 1974 that the case against him be examined by a court or terminated as the proceedings had already lasted for too long. In a decision of 24 November 2005 the District Court instructed the prosecutor to either submit an indictment within two months or terminate the proceedings.
44.  It appears that no investigation was conducted in the period between 11 July and 2 December 2005. On 2 December 2005 the case was assigned to another prosecutor as prosecutor R.L. had been promoted.
45.  On 10 January 2006 the prosecutor instructed a different police investigator to proceed with the investigation.
46.  On 17 January 2006 the police investigator ordered a medical report. On an unspecified date before 2 February 2006 the medical expert presented his conclusions. He stated that the injuries sustained by the applicant had aggravated with time, therefore he had been able to walk independently immediately after the incident. He also stated that it normally took thirty minutes to up to two hours for haematomas to become visible; therefore it was possible that the applicant’s injuries could not have been seen immediately after they had been inflicted.
47.  As in the meantime the two-month deadline under Article 239a for discontinuing the proceedings or filing an indictment to the court had expired, by a decision of 9 February 2006 the District Court terminated the criminal proceedings.
48.  The applicant appealed against the decision, arguing that although intermediate bodily harm was a serious offence within the meaning of Article 93 § 7 of the Criminal Code and the accused was therefore entitled to request discontinuation of the proceedings after two years of investigation, the two-year period had not expired and the accused’s request in this respect had therefore been premature.
49.  On 8 May 2006 the Yambol Regional Court upheld the decision. It held that intermediate bodily harm was an offence which did not fall within the scope of Article 93 § 7 of the Criminal Code and therefore the accused’s request had not been premature. It reasoned that pursuant to Article 239a of the Code of Criminal Procedure of 1974 after a certain period of time the suspect was entitled to have his case examined by the court or terminated and that in this case the court was only competent to verify whether the prosecution authorities had observed the statutory deadlines and could not examine the merits of the case.
50.  On 3 August 2006 the applicant lodged a complaint with the Chief Public Prosecutor, stating, in particular, that prosecutor R.L. had repeatedly terminated the criminal proceedings despite the court’s instructions to bring the accused to trial and that the second prosecutor in charge of the case had been inactive, which had led to the termination of the proceedings.
51.  On 16 August 2006 a prosecutor from the Supreme Cassation Prosecutor’s Office opened an inquiry into the applicant’s allegations and requested an explanation from the second prosecutor in charge of the case and his superior in respect of the delay in filing an indictment with the court.
52.  On 30 August 2007 the district prosecutor of Yambol informed the Supreme Cassation Prosecutor’s Office that no disciplinary penalty had been imposed on the prosecutor as he was considered a reliable employee and that the failure to file an indictment on time had been an unintentional mistake.
53.  There is no information on whether disciplinary action was pursued against prosecutor R.L.